BILL ANALYSIS
AB 828
Page 1
ASSEMBLY THIRD READING
AB 828 (Lieu)
As Amended May 21, 2009
Majority vote
BUSINESS & PROFESSIONS 7-3 NATURAL RESOURCES 6-3
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|Skinner, Brownley, |
| |Nava, | |Chesbro, |
| |John A. Perez, Price, | |De Leon, Hill, Huffman |
| |Ruskin | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Emmerson, Conway, Niello |Nays:|Gilmore, Knight, Logue |
| | | | |
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APPROPRIATIONS 10-5
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|Ayes:|De Leon, Ammiano, Davis, | | |
| |Fuentes, Hall, John A. | | |
| |Perez, Price, Skinner, | | |
| |Solorio, Torlakson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Nielsen, Duvall, Harkey, | | |
| |Miller, Audra Strickland | | |
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SUMMARY : Requires the California Building Standards Commission
(CBSC) or any state agency proposing green building standards
(GBS) to seek the input of specified state agencies and other
organizations, as prescribed. Specifically, this bill :
1)Requires any agency providing input on GBS to CBSC or the
proposing agency to recommend whether the standards should be
voluntary or mandatory.
2)Requires the CBSC or any state agency developing proposed
green building standards, to seek the input of other state
agencies, including, but not limited to, all of the following:
AB 828
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a) The Department of General Services;
b) The California Integrated Waste Management Board;
c) The State Air Resources Board;
d) The Department of Water Resources;
e) The Department of Toxic Substances Control;
f) The State Department of Public Health;
g) The Department of Transportation; and,
h) The Office of the State Fire Marshal.
3)Provides that if a state agency does not have the expertise to
propose GBS applicable to a particular occupancy, that the
CBSC shall adopt, approve, codify, update, and publish GBS for
those occupancies.
4)Requires that if the CBSC or an agency that proposes GBS
receives input from another state agency and the input is
consistent with the agency's mandate, the CBSC or the
receiving agency shall consider the input and provide a
written response.
5)Requires the CBSC or any state agency proposing GBS to consult
with representatives from the following:
a) Environmental advocacy groups;
b) Interested local government and code enforcement
entities;
c) The building construction and design industry; and,
d) Interested public parties.
6)Allows the State Energy Resources Conservation and Development
Commission (Energy Commission) to develop, adopt and submit
voluntary energy efficiency standards that exceed mandatory
standards to the CBSC that shall be considered GBS.
7)Requires the Energy Commission, when developing voluntary
energy efficiency standards, to ensure that the public cost is
reasonable based on the overall benefit, and to use available
incentives.
AB 828
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8)Makes technical and clarifying amendments.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable costs to the CBSC, which indicates
that it currently works with the parties named in this bill, and
absorbable costs to the CEC should it exercise its authority to
submit voluntary energy efficiency standards to the BSC.
COMMENTS : The 2007 California Green Building Standards Code,
first adopted in July 2008, was developed through the
collaborative efforts of the Department of Housing and Community
Development, the Division of the State Architect, the Office of
the State Fire Marshal, the Office of Statewide Health Planning
and Development, the California Energy Commission and the CBSC.
Each of these agencies collaborating with CBSC, adopt mandatory
statewide regulations in their area of expertise. The proposals
these agencies submit to the CBSC usually exceed the mandatory
standards for a specific field and are voluntary goals that are
routinely adopted. The mandatory regulations and GBS adopted by
the CBSC have the effect of law.
The CBSC's current public input process includes several
opportunities to discuss GBS. First, there is a Code Advisory
meeting, during which a proposed GBS is initially discussed.
The CBSC must comply with the Administrative Procedures Act,
which provides public input by requiring a 45-day public comment
period on the adoption, amendment, or repeal of a regulation
prior to a hearing. The Code further requires interested
stakeholders who request to be notified of notices relating to
regulatory actions to be mailed information or involved in
public discussions if they are subject to the proposed
regulations.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301
FN: 0000838